AIR 2003 BOMBAY 238 ::(2003) 4 IndLD 407 ::2004 (2) Bom LR 401 ::2004 Bom LR 2 401 ::(2003) 2 AllMR 24 (BOM) ::2003 (2) All MR 24 ::2003 (3) BomCR 856 ::(2003) 3 LandLR 626

Bombay High Court

Hon'ble Judge(s): D. G. Karnik , J

Civil P.C. (5 of 1908) , O.23 R.1— Withdrawal of suit - Every plaintiff has an unconditional right to withdraw suit - Withdrawal is complete as soon as plaintiff intimates his intention of withdrawal to Court - It is not dependent on order of Court - Order refusing to allow withdrawal of suit against one of several defendants on ground that said defendant was necessary - Party liable to be set aside. Every plaintiff has an unconditional right to withdraw his suit unconditionally. The withdrawal would be complete as soon as the plaintiff files a pursis of withdrawal. The Court may pass a formal order recording the withdrawal and also make an order regarding costs, but the withdrawal is not dependent on the order of Court. This could apply also where the plaintiff seek withdrawal of the suit against one or more of the @page-Bom239 defendants and the withdrawal would be complete against those defendants as soon as the plaintiff files an application/purshis for withdrawal. The Court may then consider whether the suit survives against the order defendants against whom suit is not withdrawn. It if comes to the conclusion that the defendant or defendants against whom the suit is withdrawn was or were necessary parties, the Court would then be entitled to dismiss the suit against all on the ground of non-joinder of the necessary parties....